House Bill hb0121B
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    Florida House of Representatives - 2001               HB 121-B
        By Representatives Gelber, Harrell, Green, Ball and Cusack
  1                      A bill to be entitled
  2         An act relating to public records; creating s.
  3         395.1056, F.S.; providing an exemption from
  4         public records requirements for those portions
  5         of a comprehensive emergency management plan
  6         which address the response of a public or
  7         private hospital to an act of terrorism and
  8         which are filed with the Agency for Health Care
  9         Administration, a state or local law
10         enforcement agency, a county emergency
11         management agency, the Executive Office of the
12         Governor, the Department of Health, or the
13         Department of Community Affairs; providing an
14         exemption from public records requirements for
15         those portions of a comprehensive emergency
16         management plan which address the response of a
17         public hospital to an act of terrorism and
18         which are in the custody of that public
19         hospital; providing a statement of public
20         necessity; providing a contingent effective
21         date.
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23  Be It Enacted by the Legislature of the State of Florida:
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25         Section 1.  Section 395.1056, Florida Statutes, is
26  created to read:
27         395.1056  Plan components addressing hospital's
28  response to terrorism; public records exemption.--
29         (1)  Those portions of a comprehensive emergency
30  management plan which address the response of a public or
31  private hospital to an act of terrorism, as defined by s.
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    Florida House of Representatives - 2001               HB 121-B
    763-120-01
  1  775.30, and which are filed with the agency, a state or local
  2  law enforcement agency, a county emergency management agency,
  3  the Executive Office of the Governor, the Department of
  4  Health, or the Department of Community Affairs are
  5  confidential and exempt from the provisions of s. 119.07(1)
  6  and s. 24(a), Art. I of the State Constitution. Portions of a
  7  comprehensive emergency management plan which address the
  8  response of a public or private hospital to an act of
  9  terrorism include those portions addressing emergency
10  evacuation transportation; sheltering arrangements;
11  post-disaster activities, including provisions for emergency
12  power, food, and water; post-disaster transportation;
13  supplies, including drug caches; staffing; emergency
14  equipment; and individual identification of residents,
15  transfer of records, and methods of responding to family
16  inquiries. This subsection is subject to the Open Government
17  Sunset Review Act of 1995, in accordance with s. 119.15, and
18  shall stand repealed on October 2, 2007, unless reviewed and
19  saved from repeal through reenactment by the Legislature.
20         (2)  Those portions of a comprehensive emergency
21  management plan which address the response of a public
22  hospital to an act of terrorism, as defined by s. 775.30, and
23  which are in the custody of that public hospital are exempt
24  from the requirements of s. 119.07(1) and s. 24(a), Art. I of
25  the State Constitution. Portions of a comprehensive emergency
26  management plan which address the response of a public
27  hospital to an act of terrorism include those portions that
28  contain components that address emergency evacuation
29  transportation; sheltering arrangements; post-disaster
30  activities, including provisions for emergency power, food,
31  and water; post-disaster transportation; supplies, including
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    Florida House of Representatives - 2001               HB 121-B
    763-120-01
  1  drug caches; staffing; emergency equipment; and individual
  2  identification of residents, transfer of records, and methods
  3  of responding to family inquiries. This subsection is subject
  4  to the Open Government Sunset Review Act of 1995, in
  5  accordance with s. 119.15, and shall stand repealed on October
  6  2, 2007, unless reviewed and saved from repeal through
  7  reenactment by the Legislature.
  8         Section 2.  The Legislature finds that the exemption
  9  from public records requirements provided by this act is a
10  public necessity because those portions of a comprehensive
11  emergency management plan which address the response of a
12  public or private hospital to an act of terrorism are vital
13  plan components that affect the health and safety of the
14  public. If emergency evacuation transportation, sheltering
15  arrangements, post-disaster activities, including provisions
16  for emergency power, food, and water, post-disaster
17  transportation, supplies, staffing, emergency equipment,
18  individual identification of residents, transfer of records,
19  and methods of responding to family inquiries were made
20  publicly available for inspection or copying, they could be
21  used to hamper or disable the response of a hospital to a
22  terrorist attack. If hospital response to an act of terrorism
23  were hampered or disabled, an increase in the number of
24  Floridians subjected to fatal injury would occur. While some
25  skill would be required to use knowledge of plan components to
26  disable a hospital response to an act of terrorism, there is
27  ample existing evidence of the capabilities of terrorists to
28  plot, plan, and coordinate complicated acts of terror. The
29  hijacking and crashing of planes, the destruction of the World
30  Trade Center and the attack on the Pentagon on September 11,
31  2001, as well as the continued and purposeful spread of
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    Florida House of Representatives - 2001               HB 121-B
    763-120-01
  1  anthrax in Washington, D.C., other states, and communities
  2  within this state, which has resulted in the death of at least
  3  one Floridian, provide evidence of such skill. The aftermath
  4  of these events has also showed the importance of viable plans
  5  by which hospitals can respond to acts of terror. As a result,
  6  the Legislature finds that those portions of a comprehensive
  7  emergency management plan which address the response of a
  8  public or private hospital to an act of terrorism and which
  9  are filed with the Agency for Health Care Administration, a
10  state or local law enforcement agency, a county emergency
11  management agency, the Executive Office of the Governor, the
12  Department of Health, or the Department of Community Affairs
13  must be confidential and exempt and that the emergency
14  management plans of a public hospital which are in the custody
15  of a public hospital also must be exempt.
16         Section 3.  This act shall take effect on the same date
17  that HB ____ or similar legislation defining "terrorism" for
18  purposes of the Florida Criminal Code takes effect, if such
19  legislation is adopted in the same legislative session or an
20  extension thereof and becomes law.
21         Section 4.  This act shall take effect upon becoming a
22  law.
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    Florida House of Representatives - 2001               HB 121-B
    763-120-01
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  2                       LEGISLATIVE SUMMARY
  3
      Creates an exemption from public records requirements for
  4    those portions of a comprehensive emergency management
      plan which address the response of a public or private
  5    hospital to an act of terrorism and which are filed with
      the Agency for Health Care Administration, a state or
  6    local law enforcement agency, a county emergency
      management agency, the Executive Office of the Governor,
  7    the Department of Health, or the Department of Community
      Affairs. Provides an exemption from public records
  8    requirements for those portions of a comprehensive
      emergency management plan which address the response of a
  9    public hospital to an act of terrorism and which are in
      the custody of that public hospital. Provides a statement
10    of public necessity. Provides for review and repeal of
      the exemptions. Provides that the act is contingent upon
11    passage of legislation defining "terrorism" for purposes
      of the criminal code of the State of Florida.
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